PRATAP BHANU SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition is directed against an order dated 1.10.2013, passed by the Regional Level Committee, whereby petitioners' claim for regularization of their services under Section 33A(1-b) of the U.P. Secondary Education Services Selection Board Act, 1982 has been rejected.

(2.) Shorn of unnecessary details, facts that are relevant for the present purposes are that there exists an institution, known as Pt. Ram Kumar Gramya Vidhyapeeth Inter College, Chaubepur, Kanpur Nagar, which is an institution recognized under the provisions of the U.P. Intermediate Education Act, 1921. The provisions of the U.P. Secondary Education Services Selection Board Act, 1982 are also applicable. It is asserted that ad hoc appointment was offered to petitioners on 10.10.1985 against substantive vacancy in C.T. Grade in the institution, which was also approved by the concern authority. It appears that the order of approval was subsequently recalled on 11.11.1985 by the District Inspector of Schools, Kanpur, on the ground that the provisions of the Removal of Difficulties Order have not been followed. This order of Inspector came to be challenged before this Court by the Managing Committee in Writ Petition No.18486 of 1985. In the writ petition an interim protection was granted on 3.12.1985, staying the operation of the order dated 11.11.1985. The order dated 3.12.1985 is relevant for the present purposes and is reproduced hereinafter:-

(3.) Pursuant to aforesaid order passed, petitioners continued to work and also received salary. Records reveal that petitioners were not impleaded as a party in the writ petition nor were they subsequently got impleaded in the writ petition. Petitioners accordingly continued to work in the institution. Later on, C.T. Grade was declared a dead cadre and the District Inspector of Schools vide his order dated 17.8.2005 allowed payment of salary to petitioners in L.T. Grade w.e.f. 19.2.1991, when the C.T. Grade itself was declared as a dead cadre. This order dated 17.8.2005 has remained intact. Petitioners, therefore, came up with a claim for their services to be regularized in accordance with Section 33A(1-b) of the Act of 1982, and pursuant to a direction issued by this Court in Writ Petition No.38795 of 2012 their claim for regularization has been considered and rejected by the Regional Level Committee vide order impugned dated 1.10.2013. The sole ground taken to deny benefit of regularization to petitioners is that their initial approval as a C.T. Grade teacher since got cancelled on 11.11.1985, which order has attained finality with dismissal of the writ petition filed by the Managing Committee, in default, and thereafter dismissal of recall application on 14.3.2008, as such their services cannot be regularized.